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67C.143 Removal of elected officers of consolidated local government -- Hearing -- Vote of council -- Appeal -- Vacancy.

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Download pdfLoading PDF... var pdf_url = 'http://law.justia.com/codes/kentucky/2009/067C00/pdf/143.pdf'; $(document).ready(function() { var embedwindow = $("#embed_document"); if ($.browser.msie){ embedwindow.html(''); } else { embedwindow.html(''); } }); Page 1 of 1 67C.143 Removal of elected officers of consolidated local government -- Hearing -- Voteof council -- Appeal -- Vacancy. (1)Unlessotherwiseprovidedbylaw,anyelectedofficerofaconsolidatedlocal government in case of misconduct, incapacity, or willful neglect in the performance ofthedutiesofhisorherofficemayberemovedfromofficebythelegislative council, sitting as a court, under oath,upon charges preferred by the mayor or by anyfive(5)membersofthelegislativecouncil,or,incase of charges against the mayor, upon charges preferred by not less than ten (10) members of the legislative council. No legislative council member preferring a charge shall sit as a member of the legislative council when it tries that charge. (2)Noelectedofficershallberemovedwithouthavingbeengiventhe righttoa full public hearing. (3)A decision to remove a mayor or legislative council member shall require a vote of two-thirds(2/3)ofthetotalnumberoflegislativecouncilmemberssittingasa court. (4)Anyelectedofficerremoved fromoffice under the provisions of this section may appeal to the Circuit Court and from there to the Court of Appeals. The appeal to the Circuit Court shall be taken and tried in the same manner as civil cases are tried. (5)No elected officer removed from office under this section shall be eligible to fill the office vacated before the expiration of the term to which the elected member was originally elected. Effective:July 15, 2002 History:Created 2002 Ky. Acts ch. 346, sec. 3, effective July 15, 2002.
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    Page 1 of 1 67C.143 Removal of elected officers of consolidated local government -- Hearing -- Vote of council -- Appeal -- Vacancy. (1) Unless otherwise provided by law, any elected officer of a consolidated local government in case of misconduct, incapacity, or willful neglect in the performance
    of the duties of his or her office may be removed from office by the legislative
    council, sitting as a court, under oath, upon charges preferred by the mayor or by
    any five (5) members of the legislative council, or, in case of charges against the
    mayor, upon charges preferred by not less than ten (10) members of the legislative
    council. No legislative council member preferring a charge shall sit as a member of
    the legislative council when it tries that charge. (2) No elected officer shall be removed without having been given the right to a full public hearing. (3) A decision to remove a mayor or legislative council member shall require a vote of two-thirds (2/3) of the total number of legislative council members sitting as a
    court. (4) Any elected officer removed from office under the provisions of this section may appeal to the Circuit Court and from there to the Court of Appeals. The appeal to
    the Circuit Court shall be taken and tried in the same manner as civil cases are tried. (5) No elected officer removed from office under this section shall be eligible to fill the office vacated before the expiration of the term to which the elected member was
    originally elected. Effective: July 15, 2002
    History: Created 2002 Ky. Acts ch. 346, sec. 3, effective July 15, 2002.

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